S. 5397Senate119th Congress (2025-2027)In Committee

BAD DEAL Act

A bill to repeal section 338 of the Tariff Act of 1930.

Also known as Banning Antiquated Duties and Delivering Equitable American Levies Act

Introduced September 15, 2026

AI-Generated Summary

Updated September 24, 2026 at 3:10 AM UTC

The BAD DEAL Act repeals Section 338 of the Tariff Act of 1930, eliminating the legal authority that allows the President to impose tariffs in response to trade discrimination by foreign countries. By nullifying any presidential proclamations made under that section and requiring refunds of duties already collected, the bill aims to remove those trade measures and adjust related statutes.

Key Provisions

  • Repeals Section 338 of the Tariff Act of 1930, ending the authority to impose certain retaliatory tariffs.
  • Invalidates any presidential proclamations issued under the repealed section, making them have no legal effect.
  • Directs the President to refund tariffs or duties that were collected based on the now‑repealed authority.
  • Amends Section 337(m) of the Tariff Act to delete the reference to the repealed Section 338.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

September 15, 2026

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SenateIntro Referral

Introduced in Senate

September 15, 2026

SenateIntro Referral

Read twice and referred to the Committee on Finance.

September 15, 2026

Floor Debate

3 members

What members said about S. 5397 on the floor

2 Republicans1 Democrat
Peter Welch
Sen. Peter WelchD-VT · Sep 29, 2026

Mr. President, the President of the United States--acting, in my view, without any legal authority--is imposing unilateral tariffs on Canada. Those tariffs are now being reciprocated by Canada on us.…

Jim Banks
Sen. Jim BanksR-IN · Sep 29, 2026

Madam President, in a few moments, I am going to ask for unanimous consent for my resolution to designate the month of September as Dystonia Awareness Month. But before I do, I want to speak a little…

Mike Crapo
Sen. Mike CrapoR-ID · Sep 29, 2026

Mr. President, I ask unanimous consent to modify the order from September 28 to allow 10 minutes of debate, equally divided, at 2:15 p.m., prior to the scheduled rollcall vote. Mr. President,…

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 15, 2026

II

119th CONGRESS

2d Session

S. 5397

IN THE SENATE OF THE UNITED STATES

September 15, 2026

Mrs. Gillibrand (for herself, Mr. Welch, Ms. Rosen, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To repeal section 338 of the Tariff Act of 1930.

1.

Short title

This Act may be cited as the Banning Antiquated Duties and Delivering Equitable American Levies Act or the BAD DEAL Act.

2.

Repeal of authorities relating to trade discrimination by foreign countries; nullification of certain presidential proclamations

(a)

In general

Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) is hereby repealed and any Presidential proclamation promulgated in whole or in part pursuant to such section shall have no force or effect.

(b)

Retroactive application

The President shall take such actions as may be necessary to provide for the refund of each tariff or other duty imposed and collected before, on, or after the date of the enactment of this Act by reason of the implementation of a Presidential proclamation or other action promulgated in whole or in part pursuant to section 338 of the Tariff Act of 1930 (19 U.S.C. 1338).

(c)

Conforming amendment

Section 337(m) of the Tariff Act of 1930 (19 U.S.C. 1337(m)) is amended by striking sections 338 and and inserting section.